Type of Crime:
The crime of burglary is defined as the entry of any structure with the intent to commit theft or any felony therein. If the structure involved is a residence or “inhabited dwelling,” residential burglary, i.e. first degree burglary may be charged which is always charged as a felony. If convicted of first degree burglary you may face a term of imprisonment in the state prison for 2, 4, or 6 years, a fine of up to $10,000, and a “strike” on your criminal record for life. Unlike first degree burglary, second degree burglary may be charged as a felony or a misdemeanor and is commonly referred to as commercial burglary and encompasses everything other than first degree burglary. If you are convicted of second degree burglary as a felony, you may face a term of imprisonment in state prison for 16 months, 2, or 3 years, and a fine of up to $10,000. If, on the other hand, you are convicted of second degree burglary as a misdemeanor, you may face a term of imprisonment of up to 1 year in County jail and a fine of up to $1,000. If you have been charged with burglary please contact Kenner & Greenfield immediately.